PRICE AND EXPORT AGREEMENTS OF FOREIGN COMBINATIONS, 487
ARTICLE IX.

1. Upon the expiration of each business year, after settlement of the accounts
between the overproducers and the underproducer as has been provided in the
preceding article, the manager shall again determine the amount guaranteed
to each one of his coparticipants.
2. The amount guaranteed to those coparticipants who are underproducers
shall be equal to the amount of business actually transacted by each during
the preceding year plus three-fourths of his underproduction.
8. The amount guaranteed to those participants who are overproducers shall
be equal to that guaranteed him in the preceding year.
The total of the overproduction shall then be determined, and one-fourth of
such total shall be divided between all the members of the association in proportionate
 shares, and shall increase by so much the amount guaranteed to them
according to paragraphs 2 and 3 of the present article.
4. Provided always that in the event of one of the overproducers proving that
his surplus production has been derived either in whole or in part from goods
supplied to a client who had not up to that time ordered capsules from anyone
whatever, then one-fourth of the surplus production so attained by him shall
pe deducted from the total mentioned in the preceding paragraph and shall be
placed entirely to his account.
5. In the event of a client who had not hitherto used capsules beginning to
do so, even though he should have bought and sold brands for which this mode
of corking had already been employed, such client shall be considered as coming
under the category mentioned in the preceding paragraph.
The manager shall thereupon draw up a comparison between the business
done with such client as purchaser of old brands and that done with him as a
new employer of capsules, so as, if necessary, to apply paragraph 4 of the present
 article to the latter amount.

Articie X.

By way of exception as regards the method of distribution of the overproduction
 and of payment of rebates provided for above, it has, in the cases of
Messrs, Sainte Marie Dupre and Ramondin, been agreed as follows:
1. Monsieur Sainte Marie Dupre shall be entitled to an overproduction equal
to the difference existing between the initial figure guaranteed to him and the
figure of 731,000 francs, without being obliged to pay percentages on such overproduction.

2. Monsieur Ramondin shall be entitled to an overproduction of.80,000 francs
on his initial guaranteed amount without being obliged to pay any percentage
on such overproduction. As soon as this limit of overproduction shall have been
attained Messrs. Sainte Marie Dupre and Ramondin will become amenable to
all the general clauses and conditions of these presents.
If at the expiration of the third business year following the signature of these
presents Messrs. Sainte Marie Dupre and Ramondin have not attained the total
overproduction which is allowed them by way of exception, the clauses and
conditions of the present contract shall, however, become applicable in their
entirety to these two participants.
Seeing that the concession as to increase above granted has been made chiefly
as a personal consideration to Messrs. Sainte Marie Dupre and Ramondin, it is
expressly agreed that if they cede their industrial establishments before the
expiration of three years from the date of the signature of these presents the
said concession as to increase shall immediately cease.
ArTtice XI.

In the event that, in consequence of successive underproductions, any one of
the undersigned manufacturers shall see his annual amount of business fall to
B80 per cent and less of the initial amount to be guaranteed him, in spite of
his amount having been made up several times in succession, he shall be legally
obliged to cease his membership of the joint association hereby formed between
the undersigned manufacturers, and his account with the said association shall
be immediately settled by the manager, and he shall have no right to any share
in: the funds of the participation.
Artic XI1.

The settlement of the annual accounts of the participation, the payments to
be made by the overproducers to the manager and by him to the underpro-